False Imprisonment cases

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Bird v Jones (1845)

Facts: Bird was stopped from crossing a bridge as a boat race was going on and to access the bridge you had to pay (as there was a spectator's stand on it).

Held: The court said that this was not false imprisonment because his movement was not totally restricted i.e. he could still go another way to cross the river. Patterson J put it succinctly: "imprisonment... is a total restraint of the liberty of the person, for however short a time, and not a partial obstruction of his will"

Iqbal v Prison Officers' Association [2010]

Facts: Prison officers at a prison went on strike. As a result, Iqbal was locked up 24/7 for a few days. The question for the court was whether or not Iqbal had been falsely imprisoned.

Held: Prison Officers have not duty to release the prisoners and let them out, so when (as they did here) they do not let prisoners out of their cells they are not falsely imprisoning them. Thus, Iqbal lost his claim.

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